[LIVE UPDATES] Gujarat Riots Case In SC : 'SIT Did No Investigation' , Sibal Argues Zakia Jafri's Plea Against Clean Chit To Narendra Modi

Sibal: This is in respect of my complaint which talks about a larger conspiracy. The amicus curiae was dealing with everything not this particular indiciden. If Magistrate said,

Bench: Other day you referred to dates. It cannot be 173(2).

Sibal : Now, this judgment has been followed throughout. This was to show that I was in a dual capacity. That is why this court said to investigate everything. This is (2011)12 SCC 302, again Para 10 and 11

Sibal : Milords kindly note that Mr. Jafri’s wife filed the complaint, she was also an injured:

Sibal : The first judgment on the subject of the protest petition was AIR 1967 SC 117, Abhinandan Jha, Then came Bhagwan Singh. Kindly look at Para 4.

Sibal : In Bhagwan Singh’s case, the court said No, the real complainant is to be heard and if the investigation is not proper he can approach the court and protest and the court must look at this evidence. The citation is (1985) 2 SCC 5 37.

Sibal : Procedure has to be fair and reasonable. The question is has the SIT followed procedure established by law in dealing with evidence before them. This also provides the rationale for a protest petition. Why were protest petitions allowed.Because the real affected party had no say.

Sibal : Another aspect is the mandate for deprivation of liberty. That procedure established by law is the CrPC. It has a negative as well as a positive connotation.

Kapil Sibal: Now what I am going to demonstrate is that SIT did not do any investigation. I am gonna prove that through those documents. Bring for your kind consideration Article 21 of the Constitution is a mandate for the protection of liberty.